Texas 2009 - 81st Regular

Texas House Bill HB3297 Compare Versions

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

Old	New	Differences
1	1	81R13913 JSA-D
2	2	By: Raymond H.B. No. 3297
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to an annual state budget and legislative budget sessions
8	8	in even-numbered years and to political contributions made during a
9	9	legislative session.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 301.001, Government Code, is amended to
12	12	read as follows:
13	13	Sec. 301.001. TIME OF MEETING. (a) In each odd-numbered
14	14	year, the [The] legislature shall convene in regular session at 12
15	15	noon on the second Tuesday in January [of each odd-numbered year].
16	16	(b) In each even-numbered year, the legislature shall
17	17	convene in budget session at 12 noon on the third Tuesday in April.
18	18	SECTION 2. Section 316.001, Government Code, is amended to
19	19	read as follows:
20	20	Sec. 316.001. LIMIT. The rate of growth of appropriations
21	21	in a state fiscal year [biennium] from state tax revenues not
22	22	dedicated by the constitution may not exceed the estimated rate of
23	23	growth of the state's economy.
24	24	SECTION 3. Sections 316.002(a), (b), and (e), Government
25	25	Code, are amended to read as follows:
26	26	(a) Before the Legislative Budget Board submits the budget
27	27	as prescribed by Section 322.008(b), the board shall establish:
28	28	(1) the estimated rate of growth of the state's economy
29	29	from the current fiscal year [biennium] to the next fiscal year
30	30	[biennium];
31	31	(2) the level of appropriations for the current fiscal
32	32	year [biennium] from state tax revenues not dedicated by the
33	33	constitution; and
34	34	(3) the amount of state tax revenues not dedicated by
35	35	the constitution that could be appropriated for the next fiscal
36	36	year [biennium] within the limit established by the estimated rate
37	37	of growth of the state's economy.
38	38	(b) Except as provided by Subsection (c), the board shall
39	39	determine the estimated rate of growth of the state's economy by
40	40	dividing the estimated Texas total personal income for the next
41	41	fiscal year [biennium] by the estimated Texas total personal income
42	42	for the current fiscal year [biennium]. Using standard statistical
43	43	methods, the board shall make the estimate by projecting through
44	44	the fiscal year [biennium] the estimated Texas total personal
45	45	income reported by the United States Department of Commerce or its
46	46	successor in function.
47	47	(e) In the absence of an action by the Legislative Budget
48	48	Board to adopt a spending limit as provided in Subsections (a) and
49	49	(b), the estimated rate of growth in the state's economy from the
50	50	current fiscal year [biennium] to the next fiscal year [biennium]
51	51	shall be treated as if it were zero, and the amount of state tax
52	52	revenues not dedicated by the constitution that could be
53	53	appropriated within the limit established by the estimated rate of
54	54	growth in the state's economy shall be the same as the level of
55	55	appropriations for the current fiscal year [biennium].
56	56	SECTION 4. Section 316.008(a), Government Code, is amended
57	57	to read as follows:
58	58	(a) Unless the legislature adopts a resolution under
59	59	Article VIII, Section 22(b), of the Texas Constitution raising the
60	60	proposed limit on appropriations, the proposed limit is binding on
61	61	the legislature with respect to all appropriations for the next
62	62	fiscal year [biennium] made from state tax revenues not dedicated
63	63	by the constitution.
64	64	SECTION 5. Section 317.003(a), Government Code, is amended
65	65	to read as follows:
66	66	(a) The governor or Legislative Budget Board may make a
67	67	proposal at any time except during a [regular or special] session of
68	68	the legislature. A proposal may apply to an appropriation that has
69	69	been made for any specified fiscal year that has not ended at the
70	70	time the proposal is made.
71	71	SECTION 6. Chapter 322, Government Code, is amended by
72	72	adding Section 322.021 to read as follows:
73	73	Sec. 322.021. STUDY TO IMPLEMENT ANNUAL BUDGET. (a) The
74	74	board, with the assistance of the Texas Legislative Council, shall
75	75	examine the laws and operations of state government to determine
76	76	how the implementation of annual state budgets may affect those
77	77	laws and operations and shall adopt recommendations for legislative
78	78	and administrative action necessary to implement an annual budget
79	79	as effectively as practicable.
80	80	(b) The board shall make its initial recommendations under
81	81	this section not later than November 1, 2010.
82	82	SECTION 7. Section 403.121(a), Government Code, is amended
83	83	to read as follows:
84	84	(a) In the statement required by Article III, Section 49a,
85	85	of the Texas Constitution the comptroller shall list outstanding
86	86	appropriations that may exist after the end of the current fiscal
87	87	year but may not deduct them from the cash condition of the treasury
88	88	or the anticipated revenues of the next fiscal year [biennium] for
89	89	the purpose of certification. The comptroller shall base the
90	90	reports, estimates, and certifications of available funds on the
91	91	actual or estimated cash condition of the treasury and shall
92	92	consider outstanding and undisbursed appropriations at the end of
93	93	each fiscal year [biennium] as probable disbursements of the
94	94	succeeding fiscal year [biennium] in the same manner that earned
95	95	but uncollected income of a current fiscal year [biennium] is
96	96	considered in probable receipts of the succeeding fiscal year
97	97	[biennium]. The comptroller shall consider as probable
98	98	disbursements warrants that will be issued by the state before the
99	99	end of the fiscal year.
100	100	SECTION 8. The heading to Section 253.034, Election Code,
101	101	is amended to read as follows:
102	102	Sec. 253.034. RESTRICTIONS ON CONTRIBUTIONS DURING AND
103	103	FOLLOWING REGULAR OR BUDGET [LEGISLATIVE] SESSION OF LEGISLATURE.
104	104	SECTION 9. Section 253.034, Election Code, is amended by
105	105	amending Subsections (a), (b), and (c) and adding Subsection (a-1)
106	106	to read as follows:
107	107	(a) During the period beginning on the 30th day before the
108	108	date a regular [legislative] session of the legislature convenes
109	109	and continuing through the 20th day after the date of final
110	110	adjournment of that regular session, a person may not knowingly
111	111	make a political contribution to:
112	112	(1) a statewide officeholder;
113	113	(2) a member of the legislature; or
114	114	(3) a specific-purpose committee for supporting,
115	115	opposing, or assisting a statewide officeholder or member of the
116	116	legislature.
117	117	(a-1) During a budget session of the legislature, a person
118	118	may not knowingly make a political contribution to:
119	119	(1) the governor or lieutenant governor;
120	120	(2) a member of or a candidate for election to the
121	121	legislature; or
122	122	(3) a specific-purpose committee for supporting,
123	123	opposing, or assisting the governor, the lieutenant governor, or a
124	124	member of or a candidate for election to the legislature.
125	125	(b) A statewide officeholder, a member of or a candidate for
126	126	election to the legislature, or a specific-purpose committee for
127	127	supporting, opposing, or assisting a statewide officeholder or a
128	128	member of or candidate for election to the legislature may not
129	129	knowingly accept a political contribution, and shall refuse a
130	130	political contribution that is received, during an applicable [the]
131	131	period prescribed by Subsection (a) or (a-1). A political
132	132	contribution that is received and refused during that period shall
133	133	be returned to the contributor not later than the 30th day after the
134	134	date of receipt. A contribution made by mail is not considered
135	135	received during a [that] period if it was placed with postage
136	136	prepaid and properly addressed in the United States mail before the
137	137	beginning of the period. The date indicated by the post office
138	138	cancellation mark is considered to be the date the contribution was
139	139	placed in the mail unless proven otherwise.
140	140	(c) This section does not apply to a political contribution
141	141	that was made and accepted with the intent that it be used:
142	142	(1) in an election held or ordered during a [the]
143	143	period prescribed by Subsection (a) or (a-1) in which the person
144	144	accepting the contribution is a candidate if the contribution was
145	145	made after the person appointed a campaign treasurer with the
146	146	appropriate authority and before the person was sworn in for that
147	147	office;
148	148	(2) to defray expenses incurred in connection with an
149	149	election contest; or
150	150	(3) by a person who holds a state office or a member of
151	151	the legislature or by a specific-purpose political committee that
152	152	supports or assists only that person or member if the contribution
153	153	was made during the period prescribed by Subsection (a) and the
154	154	person or member was defeated at the general election held
155	155	immediately before the regular session is convened [or by a
156	156	specific-purpose political committee that supports or assists only
157	157	that person or member].
158	158	SECTION 10. The heading to Section 253.0341, Election Code,
159	159	is amended to read as follows:
160	160	Sec. 253.0341. RESTRICTIONS ON CONTRIBUTIONS TO
161	161	LEGISLATIVE CAUCUSES DURING AND FOLLOWING REGULAR OR BUDGET
162	162	[LEGISLATIVE] SESSION OF LEGISLATURE.
163	163	SECTION 11. Sections 253.0341(a) and (b), Election Code,
164	164	are amended to read as follows:
165	165	(a) During the period beginning on the 30th day before the
166	166	date a regular [legislative] session of the legislature convenes
167	167	and continuing through the 20th day after the date of final
168	168	adjournment, or at any time during a budget session of the
169	169	legislature, a person not a member of the caucus may not knowingly
170	170	make a contribution to a legislative caucus.
171	171	(b) A legislative caucus may not knowingly accept from a
172	172	nonmember a contribution, and shall refuse a contribution from a
173	173	nonmember that is received, during a [the] period prescribed by
174	174	Subsection (a). A contribution that is received and refused during
175	175	a [that] period prescribed by Subsection (a) shall be returned to
176	176	the contributor not later than the 30th day after the date of
177	177	receipt. A contribution made by mail is not considered received
178	178	during a [that] period if it was placed with postage prepaid and
179	179	properly addressed in the United States mail before the beginning
180	180	of the period. The date indicated by the post office cancellation
181	181	mark is considered to be the date the contribution was placed in the
182	182	mail unless proven otherwise.
183	183	SECTION 12. The changes in law made by this Act do not
184	184	affect the validity of an appropriation made before September 1,
185	185	2011, for any part of the two consecutive state fiscal years ending
186	186	August 31, 2013.
187	187	SECTION 13. (a) This Act takes effect as provided by
188	188	Subsection (b), but only if the constitutional amendment proposed
189	189	by the 81st Legislature, Regular Session, 2009, providing for an
190	190	annual state budget and annual legislative sessions for budget
191	191	purposes is approved by the voters. If that proposed
192	192	constitutional amendment is not approved by the voters, this Act
193	193	has no effect.
194	194	(b) This section and Section 6 of this Act take effect
195	195	January 1, 2010. The other sections of this Act take effect
196	196	September 1, 2011.