Texas 2009 - 81st Regular

Texas House Bill HB3291 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R6058 JJT-F
2	2	By: Callegari H.B. No. 3291
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the constitutional limit on the rate of growth of
8	8	appropriations and the use of surplus state revenues.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 316.001, 316.002, and 316.006,
11	11	Government Code, are amended to read as follows:
12	12	Sec. 316.001. LIMIT. (a) The rate of growth of
13	13	appropriations in a state fiscal biennium from all sources of
14	14	revenue other than the federal government [state tax revenues not
15	15	dedicated by the constitution] may not exceed a rate determined by
16	16	adding the estimated rate of the increase or decrease in the state's
17	17	population during the preceding state fiscal biennium and the
18	18	estimated rate of inflation or deflation during that preceding
19	19	biennium in this state in the prices of a set of goods determined to
20	20	be representative of this [the estimated rate of growth of the]
21	21	state's economy as a whole.
22	22	(b) If the sum of the estimated rates described by
23	23	Subsection (a) is a negative number, appropriations for the state
24	24	fiscal biennium from all sources of revenue other than the federal
25	25	government must decrease as prescribed by this subchapter.
26	26	Sec. 316.002. DUTIES OF LEGISLATIVE BUDGET BOARD. (a)
27	27	Before the Legislative Budget Board submits the budget for the next
28	28	state fiscal biennium as prescribed by Section 322.008
29	29	[322.008(b)], the board shall establish:
30	30	(1) the maximum allowable rate of growth of
31	31	appropriations between the current state fiscal biennium and the
32	32	next state fiscal biennium, in accordance with Section 22, Article
33	33	VIII, Texas Constitution, expressed as a percentage, by adding the
34	34	following estimated rates, as determined by the board:
35	35	(A) the estimated rate of change of the state's
36	36	population during the current state fiscal biennium, expressed as a
37	37	percentage; and
38	38	(B) the estimated rate of inflation or deflation
39	39	in this state during the current state fiscal biennium in the price
40	40	of a set of goods determined by the board to be representative of
41	41	this state's economy as a whole during that [estimated rate of
42	42	growth of the state's economy from the current biennium to the next]
43	43	biennium, expressed as a percentage;
44	44	(2) the amount [level] of appropriations for the
45	45	current state fiscal biennium from all sources of revenue except
46	46	the federal government [state tax revenues not dedicated by the
47	47	constitution]; and
48	48	(3) the amount of revenue from all sources except the
49	49	federal government [state tax revenues not dedicated by the
50	50	constitution] that could be appropriated for the next state fiscal
51	51	biennium within the limit established in accordance with the
52	52	maximum allowable rate of growth determined under Subdivision (1)
53	53	and the amount of appropriations for the current state fiscal
54	54	biennium determined under Subdivision (2) [by the estimated rate of
55	55	growth of the state's economy].
56	56	(b) If the sum of the estimated rate of increase or decrease
57	57	in the state's population and the estimated rate of inflation or
58	58	deflation is a negative number, the amount of appropriations for
59	59	the next state fiscal biennium from all sources of revenue other
60	60	than the federal government may not exceed the amount of
61	61	appropriations from those sources in the current state fiscal
62	62	biennium reduced by the product of that amount and the sum of those
63	63	rates. [Except as provided by Subsection (c), the board shall
64	64	determine the estimated rate of growth of the state's economy by
65	65	dividing the estimated Texas total personal income for the next
66	66	biennium by the estimated Texas total personal income for the
67	67	current biennium. Using standard statistical methods, the board
68	68	shall make the estimate by projecting through the biennium the
69	69	estimated Texas total personal income reported by the United States
70	70	Department of Commerce or its successor in function.]
71	71	(c) [If a more comprehensive definition of the rate of
72	72	growth of the state's economy is developed and is approved by the
73	73	committee established by Section 316.005, the board may use that
74	74	definition in calculating the limit on appropriations.
75	75	[(d)] To ensure compliance with Section 22, Article VIII,
76	76	[Section 22, of the] Texas Constitution, the Legislative Budget
77	77	Board may not transmit in any form to the governor or the
78	78	legislature the budget as prescribed by Section 322.008(c) or the
79	79	general appropriations bill as prescribed by Section 322.008(d)
80	80	until the limit on the rate of growth of appropriations has been
81	81	adopted as required by this subchapter.
82	82	(d) [(e)] In the absence of an action by the Legislative
83	83	Budget Board to adopt a spending limit as provided by this section
84	84	[in Subsections (a) and (b)], the sum of the estimated rate of
85	85	population growth and the estimated rate of inflation [in the
86	86	state's economy from the current biennium to the next biennium]
87	87	shall be treated as if that rate [it] were zero, and the amount of
88	88	revenue from all sources other than the federal government that may
89	89	[state tax revenues not dedicated by the constitution that could]
90	90	be appropriated for the next state fiscal biennium is [within the
91	91	limit established by the estimated rate of growth in the state's
92	92	economy shall be] the same as the amount [level] of appropriations
93	93	from those revenues for the current biennium.
94	94	Sec. 316.006. LIMIT ON BUDGET RECOMMENDATIONS. Unless
95	95	authorized by majority vote of the members of the board from each
96	96	house, the Legislative Budget Board budget recommendations
97	97	relating to the proposed appropriations of revenue from all sources
98	98	except the federal government [state tax revenues not dedicated by
99	99	the constitution] may not exceed the limit adopted by the committee
100	100	under Section 316.005.
101	101	SECTION 2. Section 316.007(a), Government Code, is amended
102	102	to read as follows:
103	103	(a) The Legislative Budget Board shall include in its budget
104	104	recommendations the proposed limit of appropriations from all
105	105	sources of revenue except the federal government [state tax
106	106	revenues not dedicated by the constitution].
107	107	SECTION 3. Section 316.008(a), Government Code, is amended
108	108	to read as follows:
109	109	(a) Unless the legislature adopts a resolution under
110	110	Section 22, Article VIII, [Section 22(b), of the] Texas
111	111	Constitution, raising the proposed limit on appropriations, the
112	112	proposed limit is binding on the legislature with respect to all
113	113	appropriations for the next state fiscal biennium made from all
114	114	sources of revenue except the federal government [state tax
115	115	revenues not dedicated by the constitution].
116	116	SECTION 4. Chapter 171, Tax Code, is amended by adding
117	117	Subchapter K to read as follows:
118	118	SUBCHAPTER K. SURPLUS REVENUE: REBATE OF FRANCHISE TAXES
119	119	Sec. 171.551. ISSUANCE OF INDIVIDUAL REBATES. (a) Not
120	120	later than the 180th day of each state fiscal biennium, the
121	121	comptroller shall issue to each payer of the franchise tax during
122	122	the previous state fiscal biennium a rebate as provided by this
123	123	section if the comptroller has determined under Subsection (a),
124	124	Section 49-g-1, Article III, Texas Constitution, that there remains
125	125	an unencumbered positive balance of general revenues from the
126	126	preceding state fiscal biennium.
127	127	(b) The comptroller shall compute for each payer of the
128	128	franchise tax during the preceding state fiscal biennium the
129	129	fractional share of the franchise taxes to be rebated by dividing
130	130	that franchise tax payer's total franchise taxes paid during the
131	131	preceding state fiscal biennium by the total of all franchise taxes
132	132	paid under this chapter during that preceding state fiscal
133	133	biennium.
134	134	(c) The comptroller shall issue to each payer of the
135	135	franchise tax during the preceding state fiscal biennium a rebate
136	136	of franchise taxes paid in an amount equal to one-third of the
137	137	amount of the unencumbered positive balance of general revenues
138	138	determined under Subsection (a), Section 49-g-1, Article III, Texas
139	139	Constitution, to be remaining after the economic stabilization fund
140	140	transfer multiplied by the fraction determined for that payer under
141	141	Subsection (b).
142	142	(d) The comptroller may issue a payer's rebate by warrant or
143	143	by electronic funds transfer, as provided by rules of the
144	144	comptroller.
145	145	SECTION 5. The changes in law made by this Act apply only,
146	146	as applicable, in relation to appropriations made for the state
147	147	fiscal biennium beginning September 1, 2011, and subsequent state
148	148	fiscal bienniums. Appropriations for the state fiscal biennium
149	149	that began September 1, 2009, are governed by Sections 316.001,
150	150	316.002, 316.006, 316.007, and 316.008, Government Code, as those
151	151	sections existed on January 1, 2009, and the former law is continued
152	152	in effect for that purpose.
153	153	SECTION 6. This Act takes effect on the date on which the
154	154	constitutional amendment proposed by the 81st Legislature, Regular
155	155	Session, 2009, regarding the limitation on the rate of growth in
156	156	appropriations and the use of unencumbered surplus state revenues
157	157	to provide for a rebate of state franchise taxes, to reduce public
158	158	school district property taxes, and to fund the state's rainy day
159	159	fund takes effect. If that amendment is not approved by the voters,
160	160	this Act has no effect.