Texas 2009 - 81st Regular

Texas House Bill HJR109 Compare Versions

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

Old	New	Differences
1	1	81R8881 JJT-F
2	2	By: Isett H.J.R. No. 109
3	3
4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment to limit the rate of growth of
7	7	appropriations from all sources of revenue except the federal
8	8	government and to authorize the legislature to appropriate money
9	9	for tax rebates.
10	10	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 22, Article VIII, Texas Constitution, is
12	12	amended to read as follows:
13	13	Sec. 22. (a) In no biennium shall the rate of growth of
14	14	appropriations from all sources of revenue except the federal
15	15	government [state tax revenues not dedicated by this constitution]
16	16	exceed the average biennial [the estimated] rate of growth of the
17	17	state's population, adjusted for monetary inflation [economy].
18	18	(b) The legislature shall provide by general law procedures
19	19	to implement Subsection (a) of this section [subsection].
20	20	(c) [(b)] If the legislature by adoption of a resolution
21	21	approved by a record vote of a majority of the members of each house
22	22	finds that an emergency exists and identifies the nature of the
23	23	emergency, the legislature may provide for appropriations in excess
24	24	of the amount authorized by Subsection (a) of this section. The
25	25	excess authorized under this subsection may not exceed the amount
26	26	specified in the resolution.
27	27	(d) An appropriation for the sole purpose of reducing
28	28	property taxes imposed by a political subdivision of the state,
29	29	including a school district, or for the sole purpose of returning
30	30	money to taxpayers as authorized by Section 51h, Article III, of
31	31	this constitution is not counted in determining for the purposes of
32	32	this section whether the rate of growth in appropriations for a
33	33	biennium exceeds the average biennial rate of growth of the state's
34	34	population, adjusted for monetary inflation.
35	35	(e) Appropriations may not [(c) In no case shall
36	36	appropriations] exceed revenues as provided in Article III, Section
37	37	49a, of this constitution. Nothing in this section shall be
38	38	construed to alter, amend, or repeal Article III, Section 49a, of
39	39	this constitution.
40	40	SECTION 2. Section 49a, Article III, Texas Constitution, is
41	41	amended by adding Subsections (c) and (d) to read as follows:
42	42	(c) No bill containing an appropriation of money from any
43	43	source except the federal government, other than an appropriation
44	44	for the sole purpose of tax relief or tax rebates as described by
45	45	Section 22(d), Article VIII, of this constitution, shall be
46	46	considered as passed or be sent to the Governor for consideration
47	47	until and unless the Comptroller of Public Accounts endorses the
48	48	Comptroller's certificate thereon showing that the appropriation
49	49	does not contravene the limitation on the rate of growth of
50	50	appropriations imposed by Section 22, Article VIII, of this
51	51	constitution. When the Comptroller finds that a bill contains an
52	52	appropriation that contravenes the limitation on the rate of growth
53	53	of appropriations, the Comptroller shall endorse that finding on
54	54	the bill, return the bill to the House from which it originated, and
55	55	immediately notify the House of Representatives and the Senate of
56	56	the finding.
57	57	(d) Not later than the 65th day after the date the
58	58	legislature adjourns a legislative session, the Comptroller shall
59	59	issue an estimate of the amount of anticipated general revenues for
60	60	the biennium that are unappropriated, unencumbered, and
61	61	undedicated at that time. If the legislative session is a regular
62	62	session or a special session that begins between final adjournment
63	63	of the regular session and the beginning of the subsequent state
64	64	fiscal biennium, the Comptroller's estimate must address that
65	65	subsequent biennium.
66	66	SECTION 3. Article III, Texas Constitution, is amended by
67	67	adding Section 51h to read as follows:
68	68	Sec. 51h. Notwithstanding any other provision of this
69	69	constitution, the legislature by general law may provide for
70	70	granting public money to natural persons in this state for the sole
71	71	purpose of returning public money to residents or taxpayers. The
72	72	legislature by general law may provide for any method to accomplish
73	73	that purpose the legislature considers most efficient, including
74	74	direct cash payments to individual residents of this state or to a
75	75	class of residents or taxpayers of this state.
76	76	SECTION 4. The following temporary provision is added to
77	77	the Texas Constitution:
78	78	TEMPORARY PROVISION. (a) This temporary provision applies
79	79	to the amendments to Section 22, Article VIII, and Section 49a,
80	80	Article III, of this constitution, proposed by the 81st
81	81	Legislature, Regular Session, 2009, restricting the rate of growth
82	82	of appropriations from all sources of revenue except the federal
83	83	government to a rate equal to the average rate of growth of the
84	84	state's population adjusted for inflation. This temporary
85	85	provision expires December 1, 2011.
86	86	(b) The changes made to Section 22, Article VIII, and the
87	87	addition of Subsection (c) to Section 49a, Article III, of this
88	88	constitution by the amendments apply only in relation to
89	89	appropriations made for the state fiscal biennium beginning
90	90	September 1, 2011, and subsequent state fiscal bienniums.
91	91	Appropriations for the state fiscal biennium that began September
92	92	1, 2009, are governed by Section 22, Article VIII, and Section 49a,
93	93	Article III, as they existed immediately before the amendment was
94	94	approved by the voters.
95	95	(c) The duty imposed on the comptroller of public accounts
96	96	by the addition of Subsection (d) to Section 49a, Article III, of
97	97	this constitution first applies after the legislature adjourns its
98	98	regular session in 2011.
99	99	SECTION 5. This proposed constitutional amendment shall be
100	100	submitted to the voters at an election to be held November 3, 2009.
101	101	The ballot shall be printed to permit voting for or against the
102	102	proposition: "The constitutional amendment to limit the rate of
103	103	growth of appropriations from all sources of revenue except the
104	104	federal government and to authorize the legislature to appropriate
105	105	money for tax rebates to individual residents or taxpayers."