Texas 2009 - 81st Regular

Texas House Bill HJR101 Compare Versions

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

Old	New	Differences
1	1	81R6057 JJT-F
2	2	By: Callegari H.J.R. No. 101
3	3
4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment concerning the limitation on
7	7	the rate of growth of state appropriations and the use of
8	8	unencumbered surplus state revenues to provide a rebate of state
9	9	franchise taxes, to reduce public school district property taxes,
10	10	and to fund the state's rainy day fund.
11	11	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 22, Article VIII, Texas Constitution, is
13	13	amended to read as follows:
14	14	Sec. 22. (a) In no biennium shall the rate of growth of
15	15	appropriations from all sources of revenue other than the federal
16	16	government [state tax revenues not dedicated by this constitution]
17	17	exceed a rate equal to the sum of the estimated rates [rate] of
18	18	increase or decrease, during the biennium preceding the biennium
19	19	for which the appropriations are made, [growth] of:
20	20	(1) the state's population; and
21	21	(2) inflation or deflation in this state in the prices
22	22	of goods.
23	23	(b) The rates described by Subsection (a) of this section
24	24	shall be estimated in the manner provided by general law [economy].
25	25	If the sum of those estimated rates is a negative number,
26	26	appropriations for the biennium from all sources of revenue other
27	27	than the federal government must decrease by a rate at least equal
28	28	to the sum of those estimated rates.
29	29	(c) In this section, the rate of change of appropriations
30	30	from all sources of revenue other than the federal government is the
31	31	percentage difference between:
32	32	(1) the amount of money appropriated for the current
33	33	biennium from those sources as estimated in the manner prescribed
34	34	by law at or near the time the legislature convenes in regular
35	35	session during the current biennium; and
36	36	(2) the amount of money appropriated for the next
37	37	biennium from those sources as finally estimated by the comptroller
38	38	at the times the Acts making appropriations are considered by the
39	39	comptroller under Article III, Section 49a, of this constitution.
40	40	(d) The legislature shall provide by general law procedures
41	41	to implement Subsections (a), (b), and (c) of this section
42	42	[subsection].
43	43	(e) [(b)] If the legislature by adoption of a resolution
44	44	approved by a record vote of two-thirds [a majority] of the members
45	45	of each house finds that an emergency exists and identifies the
46	46	nature of the emergency, the legislature may provide for
47	47	appropriations in excess of the amount authorized by Subsection (a)
48	48	of this section. The excess authorized under this subsection may
49	49	not exceed the amount specified in the resolution.
50	50	(f) [(c)] In no case shall appropriations exceed revenues
51	51	as provided in Article III, Section 49a, of this constitution.
52	52	Nothing in this section shall be construed to alter, amend, or
53	53	repeal Article III, Section 49a, of this constitution.
54	54	SECTION 2. Section 49a, Article III, Texas Constitution, is
55	55	amended by adding Subsections (c) and (d) to read as follows:
56	56	(c) A bill containing an appropriation may not be considered
57	57	as passed and may not be sent to the Governor for consideration
58	58	until the Comptroller of Public Accounts endorses on the bill the
59	59	comptroller's certificate showing that the amount appropriated
60	60	does not exceed the limitation on the rate of growth of
61	61	appropriations imposed by Section 22, Article VIII, of this
62	62	constitution.
63	63	(d) When the Comptroller of Public Accounts finds that a
64	64	bill containing an appropriation exceeds the limitation on the rate
65	65	of growth of appropriations imposed by Section 22, Article VIII, of
66	66	this constitution, the comptroller shall endorse that finding on
67	67	the bill, return the bill to the House in which it originated, and
68	68	immediately notify the House of Representatives and the Senate of
69	69	the finding.
70	70	SECTION 3. Subsection (b), Section 49-g, Article III, Texas
71	71	Constitution, is amended to read as follows:
72	72	(b) The comptroller shall, not later than the 90th day of
73	73	each biennium, transfer to the economic stabilization fund 25
74	74	percent [one-half] of any unencumbered positive balance of general
75	75	revenues on the last day of the preceding biennium. If necessary,
76	76	the comptroller shall reduce the amount transferred in proportion
77	77	to the other amounts prescribed by this section to prevent the
78	78	amount in the fund from exceeding the limit in effect for that
79	79	biennium under Subsection (g) of this section. For purposes of this
80	80	subsection, general revenues are considered encumbered on the last
81	81	day of a biennium only to the extent that general revenues are
82	82	subject to payment for particular identifiable and legally
83	83	enforceable obligations of this state that were incurred on or
84	84	before that day and intended to be paid out of appropriations for
85	85	that biennium.
86	86	SECTION 4. Article III, Texas Constitution, is amended by
87	87	adding Section 49-g-1 to read as follows:
88	88	Sec. 49-g-1. (a) Not later than the 90th day of each state
89	89	fiscal biennium, the comptroller shall ascertain the amount of the
90	90	unencumbered positive balance of general revenues on the last day
91	91	of the preceding state fiscal biennium that remains after the
92	92	transfer of revenues to the economic stabilization fund under
93	93	Subsection (b), Section 49-g, Article III, of this constitution.
94	94	For purposes of this subsection, general revenues are considered
95	95	encumbered on the last day of a state fiscal biennium only to the
96	96	extent that general revenues are subject to payment for particular
97	97	identifiable and legally enforceable obligations of this state that
98	98	were incurred on or before that day and intended to be paid out of
99	99	appropriations for that state fiscal biennium.
100	100	(b) The legislature by general law shall provide a procedure
101	101	by which the comptroller shall issue to payers of this state's
102	102	franchise tax a rebate of franchise taxes paid during the preceding
103	103	state fiscal biennium such that:
104	104	(1) the total amount of rebates issued equals
105	105	one-third of the amount of the remaining unencumbered positive
106	106	balance of general revenues ascertained under Subsection (a) of
107	107	this section, not to exceed the total amount of state franchise
108	108	taxes collected during that preceding state fiscal biennium; and
109	109	(2) each payer of the franchise tax during that
110	110	preceding state fiscal biennium receives a share of the total
111	111	amount of rebates issued that is directly proportionate to the
112	112	share that the amount of that taxpayer's franchise taxes paid
113	113	during that preceding state fiscal biennium bears to the total
114	114	amount of franchise taxes collected during that preceding state
115	115	fiscal biennium.
116	116	(c) Not later than the 91st day of each state fiscal
117	117	biennium, the comptroller shall transfer to the property tax relief
118	118	fund established by general law two-thirds of the amount of the
119	119	unencumbered positive balance of general revenues ascertained
120	120	under Subsection (a) of this section to be used for reducing public
121	121	school district property taxes as provided by general law.
122	122	SECTION 5. (a) This proposed constitutional amendment
123	123	shall be submitted to the voters at an election to be held November
124	124	2, 2010.
125	125	(b) The ballot shall be printed to permit voting for or
126	126	against the proposition: "The constitutional amendment regarding
127	127	the limitation on the rate of growth in appropriations and the use
128	128	of unencumbered surplus state revenues to provide for a rebate of
129	129	state franchise taxes, to reduce public school district property
130	130	taxes, and to fund the state's rainy day fund."