81R6057 JJT-F
By: Callegari H.J.R. No. 101
A JOINT RESOLUTION
proposing a constitutional amendment concerning the limitation on
the rate of growth of state appropriations and the use of
unencumbered surplus state revenues to provide a rebate of state
franchise taxes, to reduce public school district property taxes,
and to fund the state's rainy day fund.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22, Article VIII, Texas Constitution, is
amended to read as follows:
Sec. 22. (a) In no biennium shall the rate of growth of
appropriations from all sources of revenue other than the federal
government [state tax revenues not dedicated by this constitution]
exceed a rate equal to the sum of the estimated rates [rate] of
increase or decrease, during the biennium preceding the biennium
for which the appropriations are made, [growth] of:
(1) the state's population; and
(2) inflation or deflation in this state in the prices
of goods.
(b) The rates described by Subsection (a) of this section
shall be estimated in the manner provided by general law [economy].
If the sum of those estimated rates is a negative number,
appropriations for the biennium from all sources of revenue other
than the federal government must decrease by a rate at least equal
to the sum of those estimated rates.
(c) In this section, the rate of change of appropriations
from all sources of revenue other than the federal government is the
percentage difference between:
(1) the amount of money appropriated for the current
biennium from those sources as estimated in the manner prescribed
by law at or near the time the legislature convenes in regular
session during the current biennium; and
(2) the amount of money appropriated for the next
biennium from those sources as finally estimated by the comptroller
at the times the Acts making appropriations are considered by the
comptroller under Article III, Section 49a, of this constitution.
(d) The legislature shall provide by general law procedures
to implement Subsections (a), (b), and (c) of this section
[subsection].
(e) [(b)] If the legislature by adoption of a resolution
approved by a record vote of two-thirds [a majority] of the members
of each house finds that an emergency exists and identifies the
nature of the emergency, the legislature may provide for
appropriations in excess of the amount authorized by Subsection (a)
of this section. The excess authorized under this subsection may
not exceed the amount specified in the resolution.
(f) [(c)] In no case shall appropriations exceed revenues
as provided in Article III, Section 49a, of this constitution.
Nothing in this section shall be construed to alter, amend, or
repeal Article III, Section 49a, of this constitution.
SECTION 2. Section 49a, Article III, Texas Constitution, is
amended by adding Subsections (c) and (d) to read as follows:
(c) A bill containing an appropriation may not be considered
as passed and may not be sent to the Governor for consideration
until the Comptroller of Public Accounts endorses on the bill the
comptroller's certificate showing that the amount appropriated
does not exceed the limitation on the rate of growth of
appropriations imposed by Section 22, Article VIII, of this
constitution.
(d) When the Comptroller of Public Accounts finds that a
bill containing an appropriation exceeds the limitation on the rate
of growth of appropriations imposed by Section 22, Article VIII, of
this constitution, the comptroller shall endorse that finding on
the bill, return the bill to the House in which it originated, and
immediately notify the House of Representatives and the Senate of
the finding.
SECTION 3. Subsection (b), Section 49-g, Article III, Texas
Constitution, is amended to read as follows:
(b) The comptroller shall, not later than the 90th day of
each biennium, transfer to the economic stabilization fund 25
percent [one-half] of any unencumbered positive balance of general
revenues on the last day of the preceding biennium. If necessary,
the comptroller shall reduce the amount transferred in proportion
to the other amounts prescribed by this section to prevent the
amount in the fund from exceeding the limit in effect for that
biennium under Subsection (g) of this section. For purposes of this
subsection, general revenues are considered encumbered on the last
day of a biennium only to the extent that general revenues are
subject to payment for particular identifiable and legally
enforceable obligations of this state that were incurred on or
before that day and intended to be paid out of appropriations for
that biennium.
SECTION 4. 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.
For purposes of this subsection, general revenues are considered
encumbered on the last day of a state fiscal biennium only to the
extent that general revenues are subject to payment for particular
identifiable and legally enforceable obligations of this state that
were incurred on or before that day and intended to be paid out of
appropriations for that state fiscal biennium.
(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 such that:
(1) the total amount of rebates issued equals
one-third of the amount of the remaining unencumbered positive
balance of general revenues ascertained under Subsection (a) of
this section, not to exceed 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.
(c) Not later than the 91st day of each state fiscal
biennium, the comptroller shall transfer to the property tax relief
fund established by general law two-thirds of the amount of the
unencumbered positive balance of general revenues ascertained
under Subsection (a) of this section to be used for reducing public
school district property taxes as provided by general law.
SECTION 5. (a) This proposed constitutional amendment
shall be submitted to the voters at an election to be held November
2, 2010.
(b) The ballot shall be printed to permit voting for or
against the proposition: "The constitutional amendment regarding
the limitation on the rate of growth in appropriations and the use
of unencumbered surplus state revenues to provide for a rebate of
state franchise taxes, to reduce public school district property
taxes, and to fund the state's rainy day fund."